Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-09-24
RAILROADS IN THE CITY.
Exhaustive iaepOrt Of Attorney Riddle,

Exhaustive Report Of Attorney Riddle.
| HIS ANs"ER TO INQUIRIES OF THE SENATE DISTRICT
OBSERVATION-DISCLOSURES USE OF THE STREETS
| BIZ STEAM AND HORSE NEUTRALITY-SUSPICIOUS.
| LEGAL RIGHTS OF THE FEDERAL AND MUNICIPAL
| GOVERNMENTS AND THE RAILWAY COMPANIES
Below Is the report OF District Attorney Riddle
upon the questions addressed to the District Com
| miSSioners by the Senate District Committee at
| the last session of Congress, In relation to the
steam and street railways In the District as con.
| tainet In the following letter:
| COMMITTEE ON DIST. OF COL e. 8. SENATE
WASHINGTON, DC, March 8, 1887.
Hon. ". b. Webb, President Commissioners. D..
! C., City:
| Sir: The Senate has authorized the committee
on the District OF Columbia to sit during the re-
cess OF Congress for the purpose OF Investigating
| and reporting upon the subject OF steam and
| street railways in the District OF Columbia ard
| ior That purpose subcommittee has been APP
pointed, which, unless otherwise arranged win
| sit at the room OF the senate Committee OF the
| Dlstrlct or Columbia on the 18th day OF November
| prox- The subcommittee desires that the Com
mlssloners OF the District viii prepare and submit
| lions:
Whether any of the steam railroad companies
| are now occupying any streets alleys or reserya.
! lions without authority OF law?
| z Under what act Or acts of Congress the Balti-
more and Ohio Railroad Co. claims the right to oc-
cupy its present route and terminal location; and
| pire?
8. Are said privileges terminable by act OF Con-
| gress?
4. Whether the two lines Of the Baltimore and
ONO Railroad could not be required to unite out
side the present limits or the City, and enter by
one line which would afford said company and the
travelling public equal facilities with those now en-
/ toyed?
| J. Whether there are any Typographical or other
objections 10 the location OF union depot within
the city limits to be used in common by all exist
y. II no objection to a union depot exists, what
! location would best Subserve the interest of the
people OF the District and the travelling public?
In case Union depot cannot be established, to
what points should the present terlnn OF the Bal
tlmore and Ohio and pennsylvania Railroads, re-
Spectively, be withdrawn?
| with reference TO street railways
| Whether any portion OF the city or District
| requires additional accommodations; and, If so,
| what?
| =. After satisfying yourselves by inquiry state
What kind Of rail should be used, whether uniform
| or otherwise: and whether there is any practical
| difhculty In the use OF the same track by cars
| moved oy horses and Others moved by cable power.
! 3. State the present method OF taxation. with
| amount OF taxes paid annually by each company
and amount OF taxes unpaid Ii any.
4. In your opinion, is a change in the motive
gestion thereon?
5. Whether any Of the street railways are now
occupying any OF the streets, alleys, or reserva-
lions without authority OF law; and particularly,
whether the Metropolitan Railroad has any right
| to occupy Connecticut avenue?
Yours, JOHN j. INGALLS,, Chairman
Mr.. RIDDLES REPORT.
This letter was referred Dy the Commissioners
to the attorney for the District. who has submit
ted thereon the following report:
OFFICE OF THE ATTORNEY FOR THE DISTRICT OF
COLOMBIA.
WASHINGTON, ID. G., september 15 1887.
Hon: Vim. 3. Webb, President Commissioners of
the District Of Columbia:
SIR: return you the copy of Senator Ingalls,
communication as chairman or the Senate Dis
trict committee, to you, OF March g. with my
report upon such OF its Inquiries as seem to fall
within nIy duties, TO wit: The first, second and
third referring TO steam railroads and the fourth
concerning the street railroads. worked In the Dis
trct You will find Us parts OF this report abstracts
or all the legislation OF Congress- the District and
corporation OF Washington. comforting rights and
imposing duties upon the first Glass; also Schedules
OF the streets and parts OF Streets which the
second class were authorized to occupy, with
references 10 the various acts and also all parts
OF streets actually occupied by them severally sep
arately arranged. These were prepared with much
labor, and / trust will be useful to YOU
and To the committee. The pressure on my once
prevents my retaining copies or these. wish you
would have copies made and kept In the Office OF
your secretary, for use hereafter. No Call is made
Tor the streets and parts OF streets and avenues
occupied by various railroads in this city and
District but statement OF the laws under which
the right or occupancy IS claimed. SO far as the
street tracks are concerned, that really seemed
necessary, and, at very considerable labor had
lists prepared as stated. AT once On receipt OF
the reuisition, addressed circular to each rail-
road company requesting a list OF roads, Streets
and avenues occupied In any way by it, with a
statement OF the law under which it Claimed.
promptly.
| still asking for further time to complete It's
answer, winch / deem of much Importance
to an exact understanding OF Its claim;
Some general statement OF governing principles
common TO all claims, may precede reference to
In this District the right OF the public to the
| use OF streets and public ways by the ordinary
means OF transit Is paramount and exclusive
| much belonging TO the public, and must show a
grant from the body having the power to make
II, or he fails
TIE Law OF THIS MATTER
occupies small space, is unambiguous and free
from doubt Congress is the sole source Of author
ity in the premises, and it is incumbent ON these
private corporations 10 show a grant from it, or
from body by 1t authorized TO make such grant
summary or Its action Will aid in passing upon
the rights OF these corporations In the premises
II granted the corporate authorities" OF Wash
1ngton the mayor, aldermen and common council,
limited powers III reference 10 the Baltimore and
OHIO. When IL abolished these corporation au-
thorfieS IL preserved no part or their powers nor
was there ever any other officer who could exer.
else Thu, or any or their powers In its creation OF
the late District government it in terms prohibited
the new legislature from granting TO any corpora
ton, association Or individual any special privi
iege, immunity or frdnciIise (sectiOn 81 Revised
Statutes, District or CoiumDial. 1t Was authorized
10 pass general corporation law (Sec s. Id. 1t
never exercised this power. It, Congress created
Board OIL Pubic Works, TO which 1t gave entire
control OF the streets, Tor the purpose Or keeping
them In repair anu Tor no other purpose, That
the purpose OF repairing, limits and controls the
the grant. new seryltude on street is not
repair The board had no power TO impose one,
and as IL could not do IL llSt IL could not permit
another 10 do IL. Railroad companies organized
under the incorporation laws OF Congress still
MUST SECURE THE ASSENT OF CONGRESS
to their routes (sec. 673 Id. In June 1872 Con-
gress prohibited the streets by street rail-
roads, except by its consent (sec. PA Id.) while
section DID, Id, prohibits the use Of any part of a
street Tor any private purpose.
The grant OF special privilege falls within the
scope VI large legislative pOwer-a power that
Can take from the pubic and bestOw on private
indvidaais- The power TO authorize the use OF a
street by railroad was Mt conferred on the
Board or Public Works, nor their successors save
I'D special instance Congress in all its dealings
with railroads. telegraph and telephone compa-
MES, has Carefully retained this power When
ever IL has granted right OF such USE the grantee
must nevertheless exercise 1t under the SUPER
vision vi the commissioners To the end that the
pubilc right under their exclusive charge Shall
suffer the least II only remains to apply these
rules 10 The occupying railroads.
In a general way We assume that the tracks are
on authorized streets. and shall call attention to
such parts as seem 10 Inc Unauthorized by law
FIKsT-TuE STEAM RAILROADS
The numerous turnoutS ON the tracks OF these
do not seem covered by the inquiry, nor have I
Information enabling me 10 deal with them save
lied by the acts OF Congress. Whether a given one
Is lawful or not depends mainly upon Its own con-
dltlonS under the grant. Such, II any, as are
wholly dependen upon permits by the District
authorities should hold unauthorized.
THE BALTIMORE AND OHIO
Abstract A presents a carefully prepared sy.
nODSi. tn. acts Congress. DaSS1d at f,,,o